State v. Damon Keith Sutton, 2012 WI App 7 (recommended for publication); for Sutton: Maayan Silver; case activity Reasonable Suspicion – “Frisk,” of Vehicle Reasonable suspicion supported “protective search” of Sutton’s van following routine traffic stop: While the officer ran a document check, Sutton remained in the van. The officer discerned “distinct rocking motions,” which… Read more
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State v. Demonte D. Miller, 2011AP1069-CR, District 1, 12/6/11 court of appeals decision (1-judge, not for publication); for Miller: Hannah Blair Schieber, Ellen Henak, SPD, Milwaukee Appellate; case activity Temporary stop of Miller not supported by reasonable suspicion under the following facts: Miller was part of “a quiet candlelight vigil for Miller’s best friend, who had been killed… Read more
on review of unpublished decision; for Smith: William E. Schmaal, SPD, Madison Appellate; case activity; prior post Sufficiency of Evidence (Possession with Intent to Deliver) – Circumstantial Evidence Standard of Review / Stipulation (Offense Element) – Right to Jury Trial Issues (from Smith’s PFR): 1. The Trial Evidence Was Insufficient to Support Smith’s Conviction of Possessing a… Read more
Drafting and filing petitions without disclosing counsel’s involvement (“ghostwriting”) didn’t violate counsel’s duty of candor to the court, In re Liu, 2nd Cir. No. 09-90006-am, 11/22/11 (“we conclude that her ghostwriting did not constitute sanctionable misconduct … In light of this Court’s lack of any rule or precedent governing attorney ghostwriting, and the various authorities that permit that practice… Read more
State v. Nikolas S. Czysz, 2010AP2804-CR, District 2/4, 12/1/11 court of appeals decision (not recommended for publication); for Czysz: Dianne M. Erickson; case activity The trial court properly exercised its discretion under State v. Gonzalez, 2008 WI App 142, 314 Wis. 2d 129, 758 N.W.2d 153, in dismissing a juror on the fourth day of trial after the… Read more
State v. Michael Perzel, III, 2011AP1190-CR, District 4, 12/1/11 court of appeals decision (1-judge, not for publication); for Perzel: Waring R. Fincke; case activity Blood test results are admissible without expert testimony to reflect a person’s bac at the time in question (in this OWI-related prosecution, at the time Perzel was driving), so long as… Read more
Thanks to blogger Bill Tyroler’s Westlaw-like brain, incisive analysis, entertaining writing, and warp-speed posting, On Point is now celebrating 100,000 hits. Not too shabby for a blog devoted to improving indigent defense in Wisconsin. Cheers to the many faithful readers who have made On Point a “hit” … Read more
State v. Michael P. Parizanski, 2011AP395, District 2, 11/30/11 court of appeals decision (1-judge, not for publication); for Parizanski: Andrew Mishlove; case activity Seizure of motorist who had parked by the side of a road, leading to an OWI arrest, was supported by community caretaker rationale as informed by State v. Kramer, 2009 WI 14, 315 Wis… Read more
